Unlawful Evictions

Unlawful Evictions In order for a tenant to be lawfully evicted from a premises, strict procedures must be followed.  A landlord that takes self-help remedies and removes a tenant’s belongings and changes the locks may be liable for triple the damages suffered by the tenant as a result of the landlord’s unlawful eviction.  Accordingly, it

UNDERSTANDING THE EVICTION PROCESS

                It is not uncommon for a tenant to be told by a landlord that they must vacate their residence by a certain date.  When a tenant receives this news they may be anxious, believing that they will be evicted by the date threatened by the landlord.  However,

WHEN CAN YOU RECOVER LEGAL FEES IN A NEW YORK LAWSUIT?

              Since a plaintiff may hire an attorney do to someone else’s wrongdoing, or a defendant may hire an attorney based upon allegations with little veracity, a common question is whether the prevailing party is entitled to counsel fees from the other party.  New York follows the American Rule,

After You File a Lawsuit, When Do You Get To Tell It To A Judge?

        In New York State, the Supreme Court is the trial level court where litigants typically file actions to litigate matters requesting damages in excess of $25,000.00.  For matters seeking damages between $5,000.00 and $25,000.00, in Nassau County and Suffolk County, a litigant would file a claim in the District Court, and

How To Write a Rent Demand

In order for a written rent demand to be proper, it must contain specific information.  The written rent demand must set forth the following:      The written demand must state that the Tenant is required to pay the unpaid rent, or, alternatively return possession of the subject premises.      The demand must specify the period that rent

5 Reasons You Should Hire a Lawyer For Your Real Estate Closing

Purchasing a new home is one of the most significant financial endeavors that most people will take on during their lifetime. Further, there are many things that a purchaser must consider before purchasing a house. We recommend speaking with an attorney if you plan on:   Conducting an inspection of the physical condition of the

Naming Your Business

THE IMPORTANCE OF CONDUCTING RESEARCH BEFORE FORMING YOUR LEGAL ENTITY UNDER A SPECIFIC NAME         At the Siegel Law Firm, P.C., we help businesses with all issues ranging from formation to litigation. While forming a new business can provide a number of advantages to a business owner, including protection from individual liability, all too frequently,

What to do if a judgment is filed against you

Judgments are what a creditor, or someone trying to collect funds from you, will receive after filing and prevailing in a lawsuit. Money judgments award a specific sum of money to the creditor or collector. If a judgment is entered against you, it typically becomes part of the public record. A judgment has the potential

New York Appellate Court Upholds Waiver of Yellowstone Action

In a recent appeal, the Supreme Court of the State of New York, Second Judicial Department held that a commercial tenant’s waiver of its right to seek a “Yellowstone” injunction is enforceable and not contrary to public policy. What is a Yellowstone injunction? A Yellowstone injunction allows a commercial tenant to temporarily suspend the cure period

DISPUTE RESOLUTION IN LANDLORD TENANT MATTERS

Common Landlord Tenant Disputes Ideally, all tenants would provide their full rental payment on-time, and reside in the premises in a respectful manner, with the Landlord providing all of the agreed-upon services and amenities, in a safe and inhabitable manner.  In reality, however, landlord and tenant disputes are common and can result in timely or